The above-captioned case was scheduled for hearing on April 4, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Richard, Blackburn, Newbrook, Preiss, Burlingame, Filippi and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Mark Vincent of the Hopkins Hill Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board hereby adopts its original findings of fact in file s 060065, 060066, and 060067 as its findings of fact in this case.  In addition, the Board notes that 100 of the air from this facility is drawn from the outside and returns to the outside.  Finally, the Applicant is requesting that the Hopkins Hill Fire Marshal's office be provided with the authority to approve the issuance of a temporary certificate of occupancy covering this facility.  

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of section 13.8.10.5.10 in order to allow the Applicants air handling units in the above captioned facility not to be automatically shut down upon the activation of the general fire alarm system.  However, in granting this relief, the Board notes that the subject air handling units will automatically shut down when duct smoke detection occurs within these areas.  Finally, the Board hereby grants the Hopkins Hill Fire Marshal's office the authority to approve comparable relief to the air handling systems throughout this complex rather than returning to the Board on a case-by-case basis.  All such relief shall be granted to systems that are in compliance with the International Mechanical Code.
	In addition, the Board hereby grants the Hopkins Hill Fire Marshal's office the authority to approve the issuance of a temporary certificate of occupancy for this facility at such time as the Hopkins Hill Fire Marshal's office is satisfied that this facility can be safely temporarily occupied for the proposed use.  
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STATUS OF DECISION AND APPEAL RIGHTS
	This Decision represents a comprehensive, integrated plan of fire safety for the above-captioned facility under the above-cited use or occupancy.  Accordingly, every variance granted is conditioned upon the Applicants timely and continued compliance with all of the directives of the Board. Every variance granted is further conditioned upon the continued use or occupancy of this facility under the above-cited classification reviewed by the Board.  (See: Board Rules and Regulations, section 6-2-17).
	Failure of the Applicant to initially comply with the full Decision of the Board, within the stated time frame, shall void all variances granted herein.  (See: Board Rules and Regulations, section 6-2-18.)  In the event of complete, timely and continued compliance with the full Decision of the Board, the above cited variances shall be deemed to have vested in the above-captioned facility.  As long as this facility is in continued compliance with the full Decision of the Board, the above-cited variances shall remain with this facility in the absence of any change in use or occupancy mandating review under a separate classification of the Fire Code or a revision of the above-cited classification. . (See: Board Rules and Regulations, section 6-2-19).  
Such changes in use or occupancy of this facility, or failure to continually comply with the Boards Decision shall void all variances granted under the above-cited use or occupancy.  If such change creates a new use or occupancy as outlined in R.I.G.L. 23-28.1-6, all variances granted under the original use or occupancy are void and this facility shall be reviewed under the newly created use or occupancy. . (See: Board Rules and Regulations, section 6-2-20).
	The Applicant may appeal the Boards Decision, within thirty (30) days of the mailing date of this Decision, by commencing an action against the State Fire Marshal in the Sixth division of the District Court.  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].